Gudise Naresh v. The State Of Telangana

[ 3251 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD : r'i ,,1 -ffi FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL EVISION CASE NO: 869 OF 2023 Criminal Revision Case filed under Sections 397 and 401 of CrPC against the order dated 04.10.2023 passed in S.C.No.92'1 of 2019 on the file of the Court of the Principal District And Sessions Judge Cum Family Court At MedchalMalkajgiri District At Malkajgiri. :ir r 'f..r ,,,.-\ ,,t!

1,i Between:

Gudise Naresh, S/o Yadigiri aged 25 years Occ Pvt employee Fyo Nehrunagar Cherlapally Kapra Mandal ,Medchal District .ACCUSED/PETITIONER .

AND ,ffiffi The state of Telangana, Through the PS.Kushaiguda, Represented by the public prosecutorHighcourtBuildingsHyderabad ...coMpLAtNANT/RESpoNDENT lA NO: 1 OF 2023 ;

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ffi", !'.,.-1i Petition under Section 482 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay the Proceedings Of SC.No.92112019 on the file of the Principal District And Sessions Judge Cum Family Court At Medchal-Malkajgiri District At Malkajgiri. ,j ..-,1 Counsel for the Petitioner: SRI RAVISH KEDIA REP. FOR J. C. FRANCIS Counsel for the Respondent: ADDITIONAL PUBLIC PROSECUTOR The Court made the following: ORDER $ffiH

a THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.869 OF 2o.23 ORDER:

t This Criminal Revision Case is flled under Sections 397 and 401 of the Code of Criminal procedure, 1973 (for short'Cr.P.C.J by the petitioner/accused aggrieved by the framing of charge against him in S.C.No.92 1 of 2O19 by the Principal District and Sessions Judge_cum_Family Court, Medchal- Malkaj giri District at Malkaj giri. 2.

Heard learned counsel for the petitioner and learned Additionat Public prosecutor for the respondent _ State. Perused the record.

3.

The Kushaiguda police having investigated into the il lr death of the deceased, who is wife of this petitioner, filed charge sheet. In the said charge sheet, it is mentioned ttrat the deceased committed suicide by hanging, for which reason, the police prayed to try the petitioner herein for the offence under Section 304-8 of IpC.

l 4.

However, the learned Sessions Judge on 04.10.2023 framed cha-rge under Section 302 of IPC against the petitioner.

5.

The offence under Section 3O2 of IPC would be attracted if a person does any act having knowledge about causing death of a person. The investigation reveals that the deceased committed suicide. In the said circumstances, when the Sessions Judge has not given any reason as to why charge would be framed under Section 3O2 of IPC, the charge framed by the learned Sessions Judge on 04.1O.2023 in S.C.No.92 1 of 2019, is hereby set aside.

6.

The charge under Section 304-8 of IPC shall be framed. However, the Sessions Judge is not precluded from framing charge under Section 302 of IPC by giving reasons as to why charge under Section 3O2 of IPC has to be framed in the background of investigation revealing that the deceased committed suicide.

7.

Accordingly, the Criminal Revision Case is allowed

r) Miscellaneous applications pending, if any, shall gffi1.-$ stand closed.

//TRUE COPYII v SD/. B.S. CHIRANJEEVI JOINT REGISTRAR To, SECTION OFFICER '.$ f# The Principal District And ":_",rj91.:

Judge.Cum Family Court At Medchat_ Matkajgiri District At Matkajgiri.(with ,""6rA. if .nrl."',, .

Jh" : I 9, Kushaisuda ps, k,irnrig,ijJ ;illrildjo Iy.f;::",J[,"riubric Prosecutor, Hish ;Li r"iiiJ"srate or reransana at J 9nu 99 to Sri J. C Francis, Advocate [OpUC] Two CD Copies 4.

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DATED:2911212023 r.l :i .4,- i':.'-.'

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ORDER

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.i:., i CRLRC.No.869 of 2023 ffi;, ffi .I ALLOWING THE CRIMINAL REVISION CASE.

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